Last week, the 7th U.S. Circuit Court of Appeals in Chicago ruled 2-1 that Senate Enrolled Act 17 (2024) can go into force because the U.
S. Supreme Court permitted a similar Texas law to remain in effect while the high court weighs the constitutionality of the southern statute. The federal appellate court did not overturn the finding that the Indiana law violates the 1st Amendment rights of Hoosier adults in its zeal to prevent individuals younger than 18 years old from accessing adult-oriented content online.
Rather, it merely said, "Functionally identical statutes should be treated the same while the Supreme Court considers the matter." Judge Ilana Diamond Rovner dissented from the brief order penned by Judges Frank Easterbrook and Amy St. Eve.
All three judges were appointed by Republican presidents, records show. Rovner said the one-sentence Supreme Court order allowing the Texas statute to remain in effect pending appeal is "too thin a reed" to justify infringing the constitutional rights of Hoosiers. She pointed out the Texas law took effect prior to being challenged in court while the Indiana law was found to be unconstitutional before it could take effect July 1.
As a result, Rovner said the preliminary injunction barring enforcement of the Indiana law should remain to preserve the status quo, rather than imposing compliance costs on businesses and individuals associated with a law found to be unconstitutional. "Such a precedent could have drastic consequences in a fu.